ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  8 April 2019

	DOCKET NUMBER:  AR20190001457


APPLICANT REQUESTS:  correction of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a date in May 1984.

APPLICANT'S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:  

* DD Form 149 (Application for Correction of Military Record).

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states he was serving in May 1984 as part of the Early Entry Program but he has 4 months and 26 days inactive service.

3.  Having no prior active service, the applicant enlisted in the U.S. Army Reserve as a member of the Delayed Entry/Enlistment Program (DEP) on 24 April 1984.

4.  On 20 September 1984, he was discharged from the DEP and he enlisted in the Regular Army (RA).

5.  His records contain a DD Form 214, which shows in item 12a that he entered active duty on 20 September 1984.  The applicant was honorably discharged from the RA on 7 May 1992.

6.  The applicant's military records do not contain any evidence and he did not provide evidence indicating that he performed any active military service prior to 20 September 1984.

7.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states for item 12a to enter the beginning date of the continuous period of active duty for issuance of the DD Form 214, for which a DD Form 214 was not previously issued.
  
BOARD DISCUSSION:

After review of the application and all evidence, the Board determined the evidence presented does not demonstrate the existence of a probable error or injustice.  The applicant’s separation document correctly shows his service dates and credits.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


	 
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ADMINISTRATIVE NOTE(S):  Not applicable.
 
REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190001457


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